You are here

Opinions

The Western District of Wisconsin offers a database of opinions for the years 1986 to present, listed by year and judge. For a more detailed search, enter a keyword, statute, rule or case number in the search box above.

Opinions are also available on the Government Printing Office website for Appellate, District and Bankruptcy cases. The content of this collection dates back to April 2004, though searchable electronic holdings for some courts may be incomplete for this earlier time period.

For a direct link to the Western Wisconsin Bankruptcy Court on-line opinions, visit this link.

Judge Robert D. Martin

In re A. W. Thompson, Case No. 95-30956-7 (12/05/1997) -- Judge Robert D. Martin 12/05/1997

Statute/Rule References:
11 U.S.C. § 327(a) -- Employment of Professionals

Key Terms:
Attorney Fees

Peter M. Gennrich, Trustee v. Grand Marsh State Bank (In re Preib), Adv. No. 96-3189, Case No. 96-30478-7 (07/01/1997) -- Judge Robert D. Martin 07/01/1997

Statute/Rule References:
11 U.S.C. § 547 -- Preferences

Key Terms:
Preferences

Michael E. Kepler, Trustee v. Geneva Auto Sales (In re Larson), Adv. No. 96-3256, Case No. 96-38200-7 (08/19/1997) -- Judge Robert D. Martin 06/19/1997
Jeanette Pearnell v. Sunstar Acceptance Corp. (In re Pearnell), Adv. No. 96-3228, Case No. 96-34153-7 (06/09/1997) -- Judge Robert D. Martin 06/09/1997

Statute/Rule References:
11 U.S.C. § 547 -- Preferences

Key Terms:
Preferences

Mary E. Toth v. Fort Atkinson Memorial Hospital (In re Toth), Adv. No. 96-3227, Case No. 96-33726-7 (06/09/1997) -- Judge Robert D. Martin 06/09/1997

Statute/Rule References:
11 U.S.C. § 547 -- Preferences

Key Terms:
Preferences

Maryann Edl v. Frank Kinast (In re Edl), Adv. No. 96-3087, Case No. 96-31040-7 (04/01/1997) (207 B.R. 611) -- Judge Robert D. Martin 04/01/1997

Statute/Rule References:
11 U.S.C. § 547 -- Preferences
Wis. Stat. § 757.36 -- Attorney's Lien

Key Terms:
Attorney's Lien
Equitable Liens
Preferences

In re Larson, Case No. 96-32800-7 (03/05/1997) - Judge Robert D. Martin 03/05/1997
Michael E. Kepler, Trustee v. American Family Insurance Company (In re Larson), Adv. No. 96-3200, Case No. 96-32800-7 (03/05/1997) -- Judge Robert D. Martin 03/03/1997
Daniel Greene v. Michael E. Kepler, Trustee, Thomas Skok, et al. (In re Larson), Adv. Case 96-32800, Case No. 96-32800-7 (01/30/1997) -- Judge Robert D. Martin 01/30/1997

Judge Thomas S. Utschig

In re Karis, Case. No. 96-24595-12 (03/20/1997) (208 B.R. 913) -- Judge Thomas S. Utschig 03/20/1997

Case Summary:
Debtors filed motion seeking to hold Farm Service Agency in contempt for purported violation of 11 U.S.C. § 362.  They sought an award of damages under § 362(h) for the creditor’s actions in selling certain cattle after the petition was filed.  The court initially questioned whether any violation could be considered “willful” when the debtors filed on the morning of an auction and did not provide the creditor with any documentation of the filing beyond their oral statements.

The court did not reach this issue, however, as it concluded the cattle were not property of the debtor’s estate under § 541 at the time the case was filed.  The cattle were seized pursuant to a replevin judgment prior to the bankruptcy filing.  Accordingly, the debtor’s rights and ownership interests in the cattle were terminated at that time, and the subsequent bankruptcy filing could not resuscitate those rights.

Statue/Rule References:
11 U.S.C. § 362 -- Automatic Stay
11 U.S.C. § 362(h) -- Damages for Willful Stay Violations
11 U.S.C. § 541 -- Property of the Estate

Key Terms:
Automatic Stay
Property of the Estate

Pages